USA v. Lynce Foster

Filing

OPINION and JUDGMENT filed : We vacate only Foster s sentences on Count 4 (a concurrent 120-month sentence for possessing cocaine with intent to distribute), and Count 5 (a consecutive 25-year sentence for possessing a firearm infurtherance of a drug trafficking crime). The case is remanded to the district court for proceedings in accordance with this opinion. Decision for publication. John M. Rogers (AUTHORING) and Raymond M. Kethledge, Circuit Judges; Paul Lewis Maloney, Chief United States District Judge for the Western District of Michigan, sitting by designation.

Case: 11-6414

Document: 112-3

Filed: 08/28/2014

Page: 1

UNITED STATES COURT OF APPEALS
FOR THE SIXTH CIRCUIT
No. 11-6414
UNITED STATES OF AMERICA,
Plaintiff - Appellee,

FILED
Aug 28, 2014
DEBORAH S. HUNT, Clerk

v.
LYNCE P. FOSTER,
Defendant - Appellant.

Before: ROGERS and KETHLEDGE, Circuit Judges; MALONEY, District Judge.
JUDGMENT
On Appeal from the United States District Court
for the Eastern District of Tennessee at Greenville.
THIS CAUSE was heard on the record from the district court and was argued by counsel.
IN CONSIDERATION WHEREOF, it is ORDERED that Foster’s sentences on Count
4 and Count 5 are VACATED, and the case is REMANDED to the district court for further
proceedings consistent with the opinion of this court.
ENTERED BY ORDER OF THE COURT

Deborah S. Hunt, Clerk